K.M. v. HHS - MMR, opsoclonus myoclonus syndrome (OMS) (2016)

On November 30, 2011, Kevin Musto and Stacey Musto, as parents and legal representatives of their minor daughter K.M., filed a petition under the National Vaccine Injury Compensation Program. They alleged that K.M. developed opsoclonus myoclonus syndrome (OMS) after receiving the measles-mumps-rubella (MMR) vaccine on December 4, 2008.

The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused K.M.'s alleged OMS or any other injury. Despite this denial, the parties filed a joint stipulation on March 10, 2016, agreeing to an award of compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for K.M. to receive a lump sum of $37,500.00, payable to Kevin Musto and Stacey Musto as guardians/conservators of K.M.'s estate.

This amount was intended to compensate for all damages available under the program. The decision stated that judgment would be entered in accordance with the terms of the stipulation, unless a motion for review was filed.

The public decision does not describe K.M.'s onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. No expert witnesses were named in the public decision.